2 Page 2 EXPLANATORY MEMORANDUM 1 INTRODUCTION The term "Short Range Device" (SRD) is intended to cover radio equipment providing uni-directional or bidirectional communication and which has low capability of causing interference to other radio equipment. SRDs use either integral, dedicated or external antennas and all modes of modulation are permitted subject to available standards or technical specifications. Non-specific Short Range Devices are used for telemetry, telecommand, alarms, data and other similar applications. Usually, SRDs use frequency bands already allocated to other services. SRDs generally cannot interfere with nor claim protection from these services. Licensing is an appropriate tool for administrations to regulate the use of radio equipment, ensure the most effective use of the frequency spectrum and to avoid harmful interference. However intervention from the administrations as far as the installation and use of equipment is concerned needs to be proportionate. Administrations and especially users, retailers and manufacturers will benefit from a more deregulated system of authorising the use of radio equipment. 2 BACKGROUND In 1997, the ERC adopted the Recommendation to deal with SRDs covering many categories of different applications, among which are telecommand and telecontrol, telemetry, alarms, speech and video transmission. For its part, ETSI has developed standards for the majority of these devices. The ERC Recommendation 70-03, together with these standards, has given a favorable legal framework to accompany the recent development of the use of SRDs. To achieve the aim of taking a new step towards harmonised use of SRDs, it has been decided to transpose into ECC Decisions the frequency bands (together with the relevant technical characteristics) identified in the Recommendation In ERC Decisions on Short Range Devices were agreed and are widely implemented within CEPT. The harmonisation on a European basis would support the Directive 1999/5/EC (the R&TTE Directive). It is generally agreed that installation and use of radio equipment may be exempted from individual licensing when the efficient use of the frequency spectrum is not at risk and as long as harmful interference is unlikely and usage is on a non-protected/non-interference basis. The Directive 1999/5/EC introduces the principle that individual licensing is only justified for reasons related to the effective/efficient use of the spectrum and the avoidance of harmful interference or matters relating to public health. When radio equipment is subject to an exemption from individual licensing, anyone can install and use the equipment without requiring individual permission from the Administration. Furthermore, the Administration will not register the individual equipment. The use of the equipment can be subject to general provisions or general licence. Within countries which have implemented the R&TTE Directive the conformity assessment, placing on the market and putting into service of Short Range Devices is governed by Directive 1999/5/EC (R&TTE). Thus this ECC Decision can not impede EEA countries and countries which have implemented the R&TTE Directive from fulfilling their obligations according to Community law. This Decision describes the spectrum management requirements for and intends to provide for individual licence exemption for Short Range Devices used for Alarms.

3 Page 3 3 REQUIREMENTS FOR AN ECC DECISION The allocation or designation of frequencies for use by a service or system under specified conditions in CEPT member countries is laid down by law, regulation or administrative action. The ECC recognises that for SRDs in general and Non-specific SRDs in particular to pursue their successful development throughout Europe, manufacturers must be encouraged to make the necessary investments in these radiocommunication systems. It is therefore considered necessary to designate frequency bands within which Non-specific SRDs can be operated under specified conditions. ERC/REC 01-07, adopted in 1995, listed harmonised criteria for the administrations to decide whether an exemption from individual license should be applied. The aim of this Decision is also to exempt Alarms from individual licensing as they fulfil the criteria for exemption listed in ERC/REC Commitment by CEPT member countries to implement an ECC Decision will provide a clear indication that the required frequency bands will be made available on time and on a European-wide basis.

4 Page 4 ECC Decision of 19 March 2004 on harmonised frequencies, technical characteristics and exemption from individual licensing of Non-specific Short Range Devices operating in the frequency band MHz excluding audio and voice applications (ECC/DEC/(04)02) "The European Conference of Postal and Telecommunications Administrations, considering a) that due to the increasing interest in the use of SRDs for a growing number of applications it is necessary to harmonise frequencies and regulations for these devices; b) that SRDs in general operate in shared bands and are not permitted to cause harmful interference to other radio services; c) that in general SRDs cannot claim protection from other radio services; d) that the CEPT Recommendation ERC/REC on Short Range Devices identifies frequency bands for Nonspecific Short Range Devices; e) that European-wide harmonised use of frequencies would support the Directive 1999/5/EC (the R&TTE Directive); f) that the technical characteristics shown in Annex 1 have been chosen to ensure the best use of the bands identified in Decide 1 by Non specific SRDs, minimising interference between SRD equipment and sharing with other radio services operating in these bands; g) that the equipment referred to in this ECC Decision should comply with the relevant European Telecommunication Standards (EN ) or equivalent technical specifications; h) that for frequency planning, frequency co-ordination and in handling interference complaints the national frequency management and enforcement authorities assume Non-specific Short Range Devices comply with receiver performance characteristics given in the informative Annex (Annex 2); i) that the CEPT Recommendation ERC/REC defines spurious emission limits for radiocommunication equipment; j) that when selecting parameters for new SRDs, which may have inherent safety of human life implications, manufacturers and users should pay particular attention to the potential for interference from other systems operating in the same or adjacent bands; k) that within the CEPT administrations there is growing awareness of the need for harmonisation of licensing regimes; l) that national licensing regimes should be as simple as possible in order to minimise the burden on administrations and users of equipment; m) that administrations should work towards the exemption of relevant radio equipment from individual licensing based on harmonised criteria detailed in ERC/REC 01-07; n) that administrations have the right to exercise spectrum/frequency management which may affect the number of service suppliers, in conformity with their international trade obligations and to European Community legislation as far as EU Member States are concerned;

5 Page 5 o) that allocation, assignment and technical co-ordination of frequencies must be done in an objective, timely, impartial, transparent and non-discriminatory manner, and should not be more burdensome than necessary under international rules, in particular, to ensure the efficient use of the frequency spectrum; p) that this Decision shall not impede EEA member countries from fulfilling their obligations according to Community Law. DECIDES 1. to designate the frequency bands MHz for the use of Non-specific Short Range Device equipment, except for applications providing audio and voice, and which comply with the technical characteristics shown in Annex 1; 2. to exempt Non-specific Short Range Device covered by this Decision from individual licensing; 3. that this Decision will enter into force on 19 March 2004; 4. that the CEPT Member administrations shall communicate the national measures implementing this Decision to the ECC Chairman and the ERO when the Decision is nationally implemented. Note: Please check the Office web site (http://www.ero.dk) for the up to date position on the implementation of this and other ERC/ECC decisions.

6 Page 6 ANNEX 1 Regulatory Annex: Technical characteristics of Non-Specific Short Range Devices using the frequencies identified in Decides 1 Frequency Band Power Channel Spacing Duty Cycle (%) MHz MHz 10 mw e.r.p. No channel spacing Below 10 % 1 1 mw e.r.p. -13 dbm/10 khz for No channel spacing No duty cycle restriction wide band channels MHz 10 mw e.r.p. Up to 25 khz No duty cycle restriction 1 The duty cycle is defined as the ratio, expressed as a percentage, of the maximum transmitter on time on one carrier frequency, relative to a one hour period. 2 For the purpose of this decision wideband channels are those with a bandwidth greater than 250 khz.

7 Page 7 ANNEX 2 Informative Annex: Additional technical characteristics with which Non-specific SRDs using the frequencies identified in Decides 1 are recommended to comply to ensure efficient use of the spectrum Note: In this ECC Decision this annex is for information only; however, in cases where the relevant harmonised standard applicable to Non-Specific Short Range Devices contains essential requirements for transmitter or receiver parameters, this harmonised standard prevails upon the following information. For the conditions and methods of measurement refer to the relevant ETSI standard (EN ). Transmitters: Spurious emissions must comply with those specified in ERC Recommendation Receivers: 1. Adjacent channel selectivity - in band The adjacent channel selectivity of the equipment should be equal to or greater than the unwanted signal as stated in the table below. Channel spacing 25 khz Channel spacing > 25 khz 60.0 db 70.0 db 2. Adjacent band selectivity The band edge selectivity of the equipment should be equal to or greater than the unwanted signal as stated in the table below. At band edge 60.0 dbm 3. Blocking or desensitisation The blocking ratio for any frequency within the specified ranges, should not be less than the values given in the table below, except frequencies for which spurious responses are found. Frequency offset (MHz) All Limit 84 db 4. Spurious radiation The power of any spurious emission, radiated or conducted, should not exceed 2 nw.

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